Please review the Terms and Conditions prior to rendering services provided by Adventure Somewhere, LLC.
Client please acknowledge receipt of & that you have reviewed the below here.
Client please acknowledge receipt of & that you have reviewed the below here.
Access to and use of the services of Adventure Somewhere, LLC (and/or "its" and/or “we” and/or “our”) and our website is subject to acceptance of these terms and conditions. By accessing, using or obtaining any content, products, or services through our Travel Advisor or through our website, you, the purchaser and/or traveler (“passenger” and/or “you/your”) agree to be bound by these terms.
The addressee of the terms and conditions will be the recipient of the booking receipt. It is the sole responsibility of the addressee to inform all other parties traveling of the contents of these terms and conditions. The lead booking passenger, by making a booking and rendering payment information to Adventure Somewhere, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.
Adventure Somewhere offers retail travel services to passenger(s), which are provided by separate and independent vendors of travel services. Adventure Somewhere does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, passenger(s) agrees that Adventure Somewhere acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the clients’ benefit, and on the express condition that Adventure Somewhere shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
Payments are NOT held by our agency, but are paid directly to our suppliers. Any refunds or cancellations are subject to the suppliers terms and conditions. We are not responsible for cancellations and cannot refund you any payments made unless the supplier decides to reimburse the funds. A credit card form will be sent out to secure payment and with this you agree that you are in understanding of the services rendered, these terms and conditions, and the completion of the booking as agreed to in writing.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by Adventure Somewhere and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Adventure Somewhere debiting your account for any costs we incur as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Adventure Somewhere.
Booking Accuracy and Legal Names
Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify Adventure Somewhere immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names as its will appear on government issued identification. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
Documentation
It is the responsibility of each Passenger to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.
The name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline ticket(s) and booking records. Adventure Somewhere strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry.
Non-United States citizens may require additional documentation. Check with the nearest consulate or embassy of the destination you are travelling to and find out the entry requirements for non-U.S. citizens. Adventure Somewhere neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Adventure Somewhere is not responsible for lost payments made toward the contemplated trip.
Children and infants also require all such travel documents. Minors traveling with one custodial parent, and/or without both custodial parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel for forms.
The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Passenger to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
When you receive any and all travel documents, it is the sole responsibility of the passenger(s) to review and verify all information. Contact Adventure Somewhere immediately if changes or corrections are required.
Please check the State Department website at https://travel.state.gov for further information. Immunizations may also be required. Failure to comply with these regulations may result in denied boarding, denied entry, and/or government imposed fines. Any referenced sites are owned and operated by third parties who may alter the URL at any time without notice.
Other Documentation and Immunizations
Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. Adventure Somewhere shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required.
If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department website http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov/ for non-USA citizens. (Passenger is responsible to make Adventure Somewhere aware when traveling on a passport from a country other than the USA.)
Individual Entry/Exit Requirements
Each foreign country holds different views of health requirements and past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. Details can be found at http://travel.state.gov/. We feel it is an invasion of privacy for any member of our staff to make such an inquiry.
Final Payments and Cancellations
Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited.
All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your Travel Advisor at Adventure Somewhere. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations.
All cancellations MUST be in writing and sent to your Travel Advisor by email. Upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by Adventure Somewhere and the supplier(s). Your cancellation will be confirmed via email when processed.
Altered Bookings and Modifications
You will receive an itinerary after the booking has been made and you will be responsible for reviewing the details to confirm their accuracy. You will have 24 hours from the receipt of the itinerary to make any necessary changes. If you decide to change any portion of your confirmed arrangements, we will attempt to assist you. Certain bookings may not be able to be changed and therefore are in penalty with the supplier. All desired changes must be made in writing to your Travel Advisor at Adventure Somewhere.
Risk/Safety
Travel to certain destinations may involve greater risk than others. Adventure Somewhere urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://travel.state.gov/. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, ADVENTURE SOMEWHERE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
COVID-19
The 2019 Novel Coronavirus* (COVID-19, “Coronavirus”) is a known and rapidly evolving pandemic that is affecting travel worldwide, with continued spread and impacts expected. Client is fully aware of the current global Coronavirus COVID-19 virus outbreak, the current travel restrictions, and inherent risks involved if choosing to travel.
Client understands that it is his/her responsibility to check the latest travel information regarding this virus outbreak with the CDC.(https://wwwnc.cdc.gov/travel/notices)
Client understands that it is his/her responsibility to have travel insurance to ensure they have coverage for all medical needs and trip cancellation, but understands that concerns or fear of travel is not a covered reason for cancellation relating to the Coronavirus/ COVID-19 and will be denied. Client understands that he/she is bound by the terms of the insurance policy as it relates to Coronavirus/COVID-19. Client holds Adventure Somewhere harmless for his/her election to not purchase travel insurance or any denial of claim by travel insurer, including but not limited to monetary losses, as it relates to COVID-19 or any other claim under the policy.
Travel insurance generally only covers unforeseen events. Most insurers classified COVID- 19 as a 'known event' late January 2020. Most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place.
Client is aware of the travel warnings, travel restrictions and rules and understands the risks, therefore, accepting these risks, holds Adventure Somewhere and the travel advisor, harmless for any travel restrictions, death, illness, cancellations by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider, financial loss, quarantining rules or measures put in place at airports or govern entities on the destinations you are traveling through. Client further agrees to hold Adventure Somewhere harmless for any financial penalties or fees imposed by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider due to cancellations or postponements due to COVID-19 and agrees not to institute a credit card dispute or “charge back” to Adventure Somewhere for said penalties or fees.
Client is aware that additional screening procedures and restrictions may take place at airports and in public areas. Client is aware that these restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains, or other means of transport.
Client is aware that Immigration restrictions may be put in place before or during your travels that may impede your ability to enter or exit your destination as planned. Self- quarantine of a minimum of 14 days may be required by some destinations upon arrival.
Client is aware that it is his/her personal decision to travel and is doing so with full knowledge of current travel recommendations and travel restrictions with regards to the Coronavirus COVID-19 and takes full responsibility for his/her actions with regards to this.
Airfare
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Passenger is responsible for any such fees. With regard to the purchase of air tickets, Adventure Somewhere acts simply as an intermediary between you and the airline. Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.
All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure. Airline tickets booked through Adventure Somewhere may not eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (Adventure Somewhere recommends confirming 72 hours prior).
Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. Adventure Somewhere will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
Adventure Somewhere's responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by Adventure Somewhere. Adventure Somewhere is not able to specify the type of aircraft to be used by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. Adventure Somewhere will not provide any refund for Trips missed, in part or full.
In addition to the limitations of liability set forth above, you agree that Adventure Somewhere is not liable for any damages arising from or related to any airline timetable changes, delays, cancellations, missed connections, mechanical problems, inclement weather, seating reassignments, lost/delayed baggage, screening and security delays, refused boarding, or failure to check-in properly.
Hazardous Materials
USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
Insecticide Notice
All passengers are referred to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
Luggage
Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. Adventure Somewhere strongly recommends that you obtain an insurance policy covering the value of your items.
Travel Insurance/Protection
If you choose to decline this valuable protection, you are assuming any financial loss associated with your travel arrangements. Your Travel Advisor is not liable or responsible for any expenses incurred as a result of cancellation or interruption, emergency medical and transportation, baggage and personal effects, flight and travel accident, and/ or rental car physical damage. If you decline travel protection, you also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling.
If you do purchase travel protection, we urge you to read your policy when it arrives as it contains important information. This information includes but is not limited to details on the extent of coverage and procedures for making a claim. Your Travel Advisor is not an insurance agent and cannot indicate if a particular incident will be covered. You will need to reach out to the insurance company directly for verification.
All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you, the passenger, are responsible for reviewing upon receipt of your travel protection policy. Adventure Somewhere is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with Adventure Somewhere due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that Adventure Somewhere cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that Adventure Somewhere has no control over the travel insurance provider or its coverage decisions, and as a result Adventure Somewhere is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
Accommodation
The number of stars attributed to the hotels and other providers of accommodations quoted by Adventure Somewhere correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from passenger(s). Adventure Somewhere makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e. upgrades, etc. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such case we will inform you as soon as we are aware of this necessity.
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. Adventure Somewhere is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.
Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. Adventure Somewhere makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
If you have purchased all-inclusive accommodations, this includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks may not be included and will be billed separately.
In some countries drinking water is not always available, and any bottles of drinking water bought are therefore at the passenger(s) expense. It is necessary to comply with all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.
Activities
An activity may not be appropriate for all ages or for individuals with certain medical conditions. Adventure Somewhere may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that Adventure Somewhere is not liable for activities unavailable due to any of the reasons listed above.
The sports activities offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at the passenger(s) expense. Similarly these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
You Acknowledge that the use or enjoyment of an activity may be hazardous and inherently risky and to the maximum extent permitted by law, Adventure Somewhere shall have no liability for any personal injury or death; lost, stolen, damaged, or destroyed property; or other liability arising out of or in connection with the use and operation of the activity, and all actions or events occurring prior to, during, or after the activity.
Infants
We ask parents travelling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
Pregnancy
Adventure Somewhere advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them to participate in the trip. You agree that Adventure Somewhere will not be liable for any damages arising from inability to participate in any or all of the trip due to pregnancy or related illness and no compensation will be payable under such circumstances. Please, also note that most cruise lines will not let you travel if you have completed 24 weeks of pregnancy on embarkation day.
Special Needs/Disabilities
If you have special needs or a disability you must call the provider of your travel ahead of time and verify that special needs can be met. Adventure Somewhere make no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. Adventure Somewhere has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
Agent/Intermediary
Adventure Somewhere is simply an intermediary between the Suppliers and the public. Adventure Somewhere does not own or operate any of, hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip. Passenger(s) acknowledge and agree that Adventure Somewhere shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than Adventure Somewhere or its direct employees or independent contractors, including but not limited to these Suppliers, their employees, agents, servants, or representatives.
Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that Adventure Somewhere is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. Adventure Somewhere is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.
Adventure Somewhere recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to Adventure Somewhere at the time of reservation upon initial booking so Adventure Somewhere can contact the Suppliers to investigate amenities and/or special accommodations offered. Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that Adventure Somewhere shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.
While Adventure Somewhere prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. Passenger(s) acknowledge and agree that Adventure Somewhere shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall Adventure Somewhere be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage.
Limitation of Liability
Without limitation, Passenger(s) assume the risk of, and agree that Adventure Somewhere is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.
Headings
Headings are for reference purposes only and do not limit the scope or extent of such section.
Mandatory Arbitration/Forum/Choice of Law
The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Ohio. The Parties agree that the arbitration shall take place in Hamilton County, Ohio and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against Adventure Somewhere. If Passenger(s) fails to submit their claim to arbitration and instead files suit, Adventure Somewhere shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and Adventure Somewhere agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
Modification of Terms and Conditions
The Terms and Conditions may be amended or modified by Adventure Somewhere at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with Adventure Somewhere. Without this acceptance any order is subject to cancellation at any time.
The failure of Adventure Somewhere to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. Adventure Somewhere does not guarantee it will take action against all breaches of these Terms and Conditions.
The addressee of the terms and conditions will be the recipient of the booking receipt. It is the sole responsibility of the addressee to inform all other parties traveling of the contents of these terms and conditions. The lead booking passenger, by making a booking and rendering payment information to Adventure Somewhere, acknowledges that they have been advised of, reviewed, and hereby accept these terms and conditions and contract for travel related services.
Adventure Somewhere offers retail travel services to passenger(s), which are provided by separate and independent vendors of travel services. Adventure Somewhere does not operate, control, or otherwise provide the services of the independent travel vendors. Hence, passenger(s) agrees that Adventure Somewhere acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the clients’ benefit, and on the express condition that Adventure Somewhere shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
Payments are NOT held by our agency, but are paid directly to our suppliers. Any refunds or cancellations are subject to the suppliers terms and conditions. We are not responsible for cancellations and cannot refund you any payments made unless the supplier decides to reimburse the funds. A credit card form will be sent out to secure payment and with this you agree that you are in understanding of the services rendered, these terms and conditions, and the completion of the booking as agreed to in writing.
Separate supplier terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by Adventure Somewhere and any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, cruises, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Adventure Somewhere debiting your account for any costs we incur as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your travel bookings through access provided by Adventure Somewhere.
Booking Accuracy and Legal Names
Passenger is required to immediately review all aspects of their booking to verify (but not limited to): passenger names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify Adventure Somewhere immediately if any omissions and/or corrections are needed regarding the booking details. Passenger(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Passenger is required to verify the accuracy of the passenger’s LEGAL first & last names as its will appear on government issued identification. It is mandatory that guest names be identical to the Passenger(s) LEGAL first and last names and identical to the names as they appear on booking and travel documents.
Documentation
It is the responsibility of each Passenger to obtain and carry a valid passport, visa(s), and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Acceptable identification can be found at http://www.tsa.gov/traveler-information/acceptable-ids; examples are DHS-designated enhanced driver’s license, USA Passport, a foreign government passport.
The name, date of birth and gender that appears on the identification card must exactly match the same data that is listed on airline ticket(s) and booking records. Adventure Somewhere strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry.
Non-United States citizens may require additional documentation. Check with the nearest consulate or embassy of the destination you are travelling to and find out the entry requirements for non-U.S. citizens. Adventure Somewhere neither controls nor warrants the issuance of visas related to applicable travel. Should a visa not be issued, Adventure Somewhere is not responsible for lost payments made toward the contemplated trip.
Children and infants also require all such travel documents. Minors traveling with one custodial parent, and/or without both custodial parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities; please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel for forms.
The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Passenger to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
When you receive any and all travel documents, it is the sole responsibility of the passenger(s) to review and verify all information. Contact Adventure Somewhere immediately if changes or corrections are required.
Please check the State Department website at https://travel.state.gov for further information. Immunizations may also be required. Failure to comply with these regulations may result in denied boarding, denied entry, and/or government imposed fines. Any referenced sites are owned and operated by third parties who may alter the URL at any time without notice.
Other Documentation and Immunizations
Each Customer is responsible to make absolutely certain to have the proper immunizations and required documentation of such immunizations before travel, and to make the necessary accommodation for security rules imposed by government authorities. Adventure Somewhere shall not assume responsibility for the accuracy of health requirements or vaccination and/or documentation prior to departure or upon landing at the final destination. See your health practitioner for advice. Prior to travel, required inoculations, if any, must be recorded by Customer’s health practitioner on a valid vaccination certificate, which the Customer must carry for proof of inoculation where required.
If you are concerned about taking any medications or receiving certain inoculations, check with your health practitioner BEFORE booking. Check the USA State Department website http://travel.state.gov, for relevant information relating to travel to specific destinations, and the USA Centers for Disease Control http://wwwnc.cdc.gov/travel/ relating to health issues. For further information relating to security, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States visit www.tsa.gov, www.dot.gov, www.faa.gov.us, www.ustreas.gov, www.cbp.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States especially your embassy and http://www.uscis.gov/ for non-USA citizens. (Passenger is responsible to make Adventure Somewhere aware when traveling on a passport from a country other than the USA.)
Individual Entry/Exit Requirements
Each foreign country holds different views of health requirements and past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. Details can be found at http://travel.state.gov/. We feel it is an invasion of privacy for any member of our staff to make such an inquiry.
Final Payments and Cancellations
Unless otherwise defined during the reservation process, final payment is due prior to departure or consumption according to each supplier’s (airline, hotel, cruise line, transfer company, sightseeing operators, and other travel service vendors) terms and conditions involved in your travel booking. If final and full payment is not received by the applicable due date, reservations are subject to cancellation and deposits shall be forfeited. In some cases there is NO REFUND once a booking is made and paid for. Your right to a refund if you change or cancel your travel plans is limited.
All cancellations or no-shows are subject to penalties imposed by the supplier. If you require a copy of these terms, please contact the supplier or your Travel Advisor at Adventure Somewhere. Additionally, all booking cancellations, transfers to another Agency, or no-shows are considered cancellations.
All cancellations MUST be in writing and sent to your Travel Advisor by email. Upon making the booking, Passenger(s) hereby accept & acknowledge liability for all cancellation fees imposed by Adventure Somewhere and the supplier(s). Your cancellation will be confirmed via email when processed.
Altered Bookings and Modifications
You will receive an itinerary after the booking has been made and you will be responsible for reviewing the details to confirm their accuracy. You will have 24 hours from the receipt of the itinerary to make any necessary changes. If you decide to change any portion of your confirmed arrangements, we will attempt to assist you. Certain bookings may not be able to be changed and therefore are in penalty with the supplier. All desired changes must be made in writing to your Travel Advisor at Adventure Somewhere.
Risk/Safety
Travel to certain destinations may involve greater risk than others. Adventure Somewhere urges customers to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://travel.state.gov/. The Smart Traveler Enrollment Program (STEP) is a free service provided by the U.S. Government to U.S. citizens who are traveling to, or living in, a foreign country. STEP allows you to enter information about your upcoming trip abroad so that the Department of State can better assist you in an emergency. Registration is recommended and provided by going to https://step.state.gov/step/
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, ADVENTURE SOMEWHERE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CUSTOMER’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CUSTOMER’S OWN RISK.
COVID-19
The 2019 Novel Coronavirus* (COVID-19, “Coronavirus”) is a known and rapidly evolving pandemic that is affecting travel worldwide, with continued spread and impacts expected. Client is fully aware of the current global Coronavirus COVID-19 virus outbreak, the current travel restrictions, and inherent risks involved if choosing to travel.
Client understands that it is his/her responsibility to check the latest travel information regarding this virus outbreak with the CDC.(https://wwwnc.cdc.gov/travel/notices)
Client understands that it is his/her responsibility to have travel insurance to ensure they have coverage for all medical needs and trip cancellation, but understands that concerns or fear of travel is not a covered reason for cancellation relating to the Coronavirus/ COVID-19 and will be denied. Client understands that he/she is bound by the terms of the insurance policy as it relates to Coronavirus/COVID-19. Client holds Adventure Somewhere harmless for his/her election to not purchase travel insurance or any denial of claim by travel insurer, including but not limited to monetary losses, as it relates to COVID-19 or any other claim under the policy.
Travel insurance generally only covers unforeseen events. Most insurers classified COVID- 19 as a 'known event' late January 2020. Most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place.
Client is aware of the travel warnings, travel restrictions and rules and understands the risks, therefore, accepting these risks, holds Adventure Somewhere and the travel advisor, harmless for any travel restrictions, death, illness, cancellations by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider, financial loss, quarantining rules or measures put in place at airports or govern entities on the destinations you are traveling through. Client further agrees to hold Adventure Somewhere harmless for any financial penalties or fees imposed by suppliers, hotels, airlines, cruise lines, tour agencies or any other travel provider due to cancellations or postponements due to COVID-19 and agrees not to institute a credit card dispute or “charge back” to Adventure Somewhere for said penalties or fees.
Client is aware that additional screening procedures and restrictions may take place at airports and in public areas. Client is aware that these restrictions may include mandatory face coverings and/or temperature checks in airports, hotels, cruise ships, trains, or other means of transport.
Client is aware that Immigration restrictions may be put in place before or during your travels that may impede your ability to enter or exit your destination as planned. Self- quarantine of a minimum of 14 days may be required by some destinations upon arrival.
Client is aware that it is his/her personal decision to travel and is doing so with full knowledge of current travel recommendations and travel restrictions with regards to the Coronavirus COVID-19 and takes full responsibility for his/her actions with regards to this.
Airfare
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Passenger is responsible for any such fees. With regard to the purchase of air tickets, Adventure Somewhere acts simply as an intermediary between you and the airline. Once you book a reservation, your credit card or debit card will be charged for the amount shown – regardless of whether or not the reservation is used. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.
All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure. Airline tickets booked through Adventure Somewhere may not eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (Adventure Somewhere recommends confirming 72 hours prior).
Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. Adventure Somewhere will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
Adventure Somewhere's responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by Adventure Somewhere. Adventure Somewhere is not able to specify the type of aircraft to be used by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. Adventure Somewhere will not provide any refund for Trips missed, in part or full.
In addition to the limitations of liability set forth above, you agree that Adventure Somewhere is not liable for any damages arising from or related to any airline timetable changes, delays, cancellations, missed connections, mechanical problems, inclement weather, seating reassignments, lost/delayed baggage, screening and security delays, refused boarding, or failure to check-in properly.
Hazardous Materials
USA federal law prohibits passengers from bringing hazardous materials on the aircraft. (1) USA federal law forbids the carriage of hazardous materials aboard aircraft in the passenger’s luggage or on the passenger’s person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radio- active materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radiopharmaceuticals. (2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in the passenger’s luggage and certain smoking materials carried on the passenger’s person. For further information, each passenger should contact the relevant airline representative(s) on their itinerary. Restrictions on hazardous materials are listed http://www.tsa.gov/traveler-information/prohibited-items.
Insecticide Notice
All passengers are referred to always check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the DOT’s website, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements
Luggage
Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. Adventure Somewhere strongly recommends that you obtain an insurance policy covering the value of your items.
Travel Insurance/Protection
If you choose to decline this valuable protection, you are assuming any financial loss associated with your travel arrangements. Your Travel Advisor is not liable or responsible for any expenses incurred as a result of cancellation or interruption, emergency medical and transportation, baggage and personal effects, flight and travel accident, and/ or rental car physical damage. If you decline travel protection, you also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling.
If you do purchase travel protection, we urge you to read your policy when it arrives as it contains important information. This information includes but is not limited to details on the extent of coverage and procedures for making a claim. Your Travel Advisor is not an insurance agent and cannot indicate if a particular incident will be covered. You will need to reach out to the insurance company directly for verification.
All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you, the passenger, are responsible for reviewing upon receipt of your travel protection policy. Adventure Somewhere is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with Adventure Somewhere due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that Adventure Somewhere cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that Adventure Somewhere has no control over the travel insurance provider or its coverage decisions, and as a result Adventure Somewhere is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
Accommodation
The number of stars attributed to the hotels and other providers of accommodations quoted by Adventure Somewhere correspond to a classification established as a point of reference in accordance with local standards in the host country. Please be advised that accommodations and the “star” designations may vary from country to country. The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from passenger(s). Adventure Somewhere makes no guarantee about the suitability or availability of accommodations, and if the particular accommodations sought are unavailable, we will do our best to reserve comparable accommodations, if possible. You would bear any additional costs, i.e. upgrades, etc. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such case we will inform you as soon as we are aware of this necessity.
Policies regarding taking possession of and vacating rooms often vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. Adventure Somewhere is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.
Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. Adventure Somewhere makes no guarantee that its descriptions and photographs are an exact representation of the particular rooms offered.
If you have purchased all-inclusive accommodations, this includes accommodation, breakfast, lunch, dinner and normal drinks (mineral water, fruit juice, sodas, wines, local alcohol). Some alcoholic drinks may not be included and will be billed separately.
In some countries drinking water is not always available, and any bottles of drinking water bought are therefore at the passenger(s) expense. It is necessary to comply with all relevant rules, particularly with regard to the opening hours of the restaurant(s) or bar(s), and the places designated for the consumption of meals and drinks.
Activities
An activity may not be appropriate for all ages or for individuals with certain medical conditions. Adventure Somewhere may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in the Trip description are no longer provided by our local provider for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached (examples: group sports, children’s clubs). In the early or late season some activities may not be available, some of the facilities (restaurant, swimming pool, etc.) may be closed, or maintenance work may be in progress. As a general rule, entertainment and sports activities may vary in frequency depending on how many people are staying at the time and on climatic conditions. Particularly during the high season it is possible that the number of parasols, loungers, sports equipment, etc., are insufficient for the demand. The opening hours of bars, restaurants, and clubs, etc., may be irregular and dependent on the management of the establishment in question. You agree that Adventure Somewhere is not liable for activities unavailable due to any of the reasons listed above.
The sports activities offered for collective participation are often organized by outside providers. Any travel costs related to such activities are at the passenger(s) expense. Similarly these activities may be withdrawn at the discretion of the organizer if there is insufficient demand. This will not give rise to any entitlement to compensation.
You Acknowledge that the use or enjoyment of an activity may be hazardous and inherently risky and to the maximum extent permitted by law, Adventure Somewhere shall have no liability for any personal injury or death; lost, stolen, damaged, or destroyed property; or other liability arising out of or in connection with the use and operation of the activity, and all actions or events occurring prior to, during, or after the activity.
Infants
We ask parents travelling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
Pregnancy
Adventure Somewhere advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them to participate in the trip. You agree that Adventure Somewhere will not be liable for any damages arising from inability to participate in any or all of the trip due to pregnancy or related illness and no compensation will be payable under such circumstances. Please, also note that most cruise lines will not let you travel if you have completed 24 weeks of pregnancy on embarkation day.
Special Needs/Disabilities
If you have special needs or a disability you must call the provider of your travel ahead of time and verify that special needs can be met. Adventure Somewhere make no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. Adventure Somewhere has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
Agent/Intermediary
Adventure Somewhere is simply an intermediary between the Suppliers and the public. Adventure Somewhere does not own or operate any of, hotels, shore excursions, tours, transportation providers, cruise lines, vessels, airlines, travel protection companies, attractions, or other travel-related Suppliers who provide goods or services for the Passenger(s)’ trip. Passenger(s) acknowledge and agree that Adventure Somewhere shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) or group members as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person other than Adventure Somewhere or its direct employees or independent contractors, including but not limited to these Suppliers, their employees, agents, servants, or representatives.
Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that Adventure Somewhere is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. Adventure Somewhere is not liable for any loss due to Passenger’s gambling and is not responsible for any purchases made while on the trip.
Adventure Somewhere recommends that all Passengers be in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to Adventure Somewhere at the time of reservation upon initial booking so Adventure Somewhere can contact the Suppliers to investigate amenities and/or special accommodations offered. Passenger is required to provide his or her own personal or individually prescribed devices such as wheelchairs, walkers, or similar devices. If more than minor assistance is needed, Suppliers may require that the Passenger be accompanied by a companion who is capable of, and responsible for, providing such assistance. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that Adventure Somewhere shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.
While Adventure Somewhere prides itself on selecting top quality Suppliers, no undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, medicine, or provisions supplied. Passenger(s) acknowledge and agree that Adventure Somewhere shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall Adventure Somewhere be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, on tenders, on shore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage.
Limitation of Liability
Without limitation, Passenger(s) assume the risk of, and agree that Adventure Somewhere is not liable for any damages arising from or related to any act of God or public enemies, arrest, restraints of any government or rulers of people, piracy, war, revolution, extortion, terrorist activity, threatened or actual rebellion, political upheaval, civil unrest, riots, fire, lockouts, explosion, collision, weather conditions, dangers incident to the sea, mechanical or construction failures or difficulties, diseases, local laws, abnormal conditions or developments, closure of airports/seaports/hotels/train stations, carrier or supplier logistical problems, computer problems stranding, food or water poisoning, illness, grounding, perils of the sea, rivers, canals, locks or other waters, perils of navigation of any kind, theft, accident to or from machinery, boilers, or latent defects even though existing at commencement of the trip, desertion or revolt of crew, or lost/damaged/delayed luggage.
Headings
Headings are for reference purposes only and do not limit the scope or extent of such section.
Mandatory Arbitration/Forum/Choice of Law
The Parties hereby agree that any and all disputes arising out of or relating to this Agreement shall be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of Ohio. The Parties agree that the arbitration shall take place in Hamilton County, Ohio and will be conducted by a single mutually agreed upon arbitrator. The arbitrator shall permit both sides to conduct reasonable discovery, in her/his sole discretion, and shall render a written award. Payment of the cost of the arbitration, including the arbitrator’s fees and room rental, shall be split equally between the Parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Parties acknowledge and agree that this arbitration is their sole recourse and that they may not file a lawsuit against Adventure Somewhere. If Passenger(s) fails to submit their claim to arbitration and instead files suit, Adventure Somewhere shall be entitled to recover its attorney’s fees and other costs incurred in the enforcement of the terms of this Agreement, including costs incurred seeking referral to arbitration. Passenger(s) and Adventure Somewhere agree that neither party shall be entitled to join or consolidate claims or arbitrate any claim as a representative or class action.
Modification of Terms and Conditions
The Terms and Conditions may be amended or modified by Adventure Somewhere at any time without notice. It is therefore essential that you consult the Terms and Conditions prior to making each and every booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
Only those who have accepted the Terms and Conditions and affirmatively indicated their consent to be bound by the Terms and Conditions may make a booking with Adventure Somewhere. Without this acceptance any order is subject to cancellation at any time.
The failure of Adventure Somewhere to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. Adventure Somewhere does not guarantee it will take action against all breaches of these Terms and Conditions.
